Ohio Administrative Code (OAC) Rule Comments

Ohio Administrative Code (OAC) Rule Comments

The Ohio Department of Education staff drafts and edits administrative rules, which have not yet been formally proposed for adoption by the State Board of Education or the state superintendent. During the initial drafting of rules, every effort is made to solicit input from affected organizations and individuals. Upon posting the draft rules, the Department sends out e-notification alerts to interested parties. Rules may be posted through the lieutenant governor’s Common Sense Initiative office, if applicable. For rules that go through the Common Sense Initiative process, the review concludes with a formal report clearing the way for the Department to file the rules with the Joint Commission on Agency Rule Review or recommend further changes. If the Common Sense Initiative process does not apply, the rules are filed with the Joint Commission on Agency Rule Review.

The Department is proposing to rescind OAC 3301-57-01, which deals with what each local school board must do in regards to developing a curriculum and training related to the prevention of child abuse, violence and substance abuse and the promotion of positive youth development. While these topics are important, there is no requirement for this rule in Ohio law and the rule duplicates what is required under Ohio law.

This rule includes only a purpose statement. Staff recommends that the rule be rescinded because it merely sets forth a statement of purpose and is unnecessary because it is not required under the Ohio Revised Code.

OAC 3301-102-09 Approving applications for new internet-or computer-based community schools.

This rule provides the measures that the Department uses in reviewing applications for new internet- or computer-based community schools. The rule’s enabling statute, Ohio Revised Code section 3314.013, requires the State Board of Education to adopt rules prescribing measures to determine the experience and quality of applicants for new internet- or computer-based community schools. Staff recommends amending the rule to remove provisions that are duplicative of other provisions in the Revised Code. Staff also recommends that the rule be amended to clarify the requirements and to align more closely with its enabling statute, Ohio Revised Code section 3314.013, by including an express provision for the Superintendent of Public Instruction to determine the experience and quality of the applicants in accordance with the criteria in the rule.